Study Section — Sarhad Law School, Pune

SARHAD LAW SCHOOL

Affiliated to Savitribai Phule Pune University (SPPU) | Approved by Bar Council of India (BCI) & Govt. of Maharashtra | Estd. 2023

Sr. No. 21/1/21/2, Gujar Nimbalkarwadi, Haveli, Dist-Pune - 411046 sarhadlawschool@gmail.com +91 84218 10486

BCI Approved NAAC Admissions Open

Study aid for quick reference only. Always verify against the official bare act on indiacode.nic.in before relying on it.

CPC — Code of Civil Procedure, 1908

10 provisions. All codes

Section 9 Courts to try all civil suits unless barred Civil courts have jurisdiction to try all suits of a civil nature unless expressly or impliedly barred. CPC Section 10 Stay of suit (res sub judice) No court shall proceed with a suit where the matter is already pending between the same parties. CPC Section 11 Res judicata No court shall try a matter already finally decided between the same parties. CPC Section 96 Appeal from original decree Provides for a first appeal from a decree passed by a court exercising original jurisdiction. CPC Section 100 Second appeal A second appeal to the High Court lies only on a substantial question of law. CPC Section 151 Saving of inherent powers of court Nothing limits the inherent power of the court to make orders for the ends of justice. CPC Order VI, Rule 17 Amendment of pleadings The court may allow either party to alter or amend pleadings at any stage on just terms. CPC Order VII, Rule 11 Rejection of plaint Grounds on which a plaint shall be rejected (e.g., no cause of action, barred by law). CPC Order IX, Rule 13 Setting aside decree ex parte against defendant A defendant may apply to set aside an ex parte decree on sufficient cause. CPC Order XXXIX, Rule 1 Cases in which temporary injunction may be granted Grounds for granting a temporary injunction to preserve the subject matter. CPC

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